National Energy Regulator of South Africa (Nersa) is appealing a High Court application that State-owned power utility Eskom brought against Nersa last year, which states that Nersa exceeded its boundaries regarding the determination on tariff adjustments requested by Eskom. Energy sector law firm LNP Attorneys CEO Nikita Lalla explains that Eskom’s argument – that Nersa had “gone beyond its statutory or regulatory regime in regard to determining tariff increases and the information the regulator was allowed to take into consideration in that endeavour” – was upheld by the courts.
